Eda 545

A family moves into your school district from Seattle. After the mother enrolls her two children in your school, she informs you that she has already contacted her lawyer and will sue the school unless the school provides a one-on-one personal assistant for each of her children who have been identified as learning disabled. What do you do/say? Be sure to cite case law examples and recent legislation to support your answer.
If a mother enrolls her two children in our school from another district in another state, she must: According to Ryder, Ruth, U. S. Department of Education (2012) IDEA 1. Bring proof of identification for her children. 2. She should bring with her IEP paperwork that proves her children received Special education services from her previous school 3. Request the school provide the services she received in Seattle. 4. The school register will call the school district to concur that the students received the services that are being requested from our school district. pursuant to “34 CFR 99.31(a)(2)” “the school must take reasonable steps to obtain the child’s records, including the IEP and supporting documents and records relating to the provision of special education services. The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request of the new agency.” 5. She can contact her lawyer or threaten to contact her lawyer however there is nothing a lawyer can do until there is proof that the ARD committee will not accommodate her request. They have 30 days to accept or reject the request. 6. An ARD committee will convene to discuss all of the services the children qualify for. 7. The previous district must provide an IEP and supporting documents and records of the special Education services to the new public school. 8. In the event the previous agency nor the parent can provide evidence of Sped or related services the new school is not required to provide services according to 34 CFR 300.323 (f) 9. If the parent is unable to provide the IEP from the previous school and the current school has reason to suspect the child has a disability, The new agency may provide services pending an initial placement ARD and parental consent in accordance with 34 CFR300.301(C)(1). 10. This must be conducted within 60 days of the consent from the parents. 11. If there is a dispute, it can be settled through mediation procedures in 34 CFR 300.506 or a due process procedure as in 34CFR300.507 12. .While a due process hearing is occurring the student must be placed in general education while the due process complaint is pending 71FR46540,46682 (Aug.14,2006) References: Ryder, Ruth U. S. Department of Education (IDEA) (1995)(2012)

References: Ryder, Ruth U. S. Department of Education (IDEA) (1995)(2012)